WB Jones Staircase & Handrail Pty Ltd v Richardson & Ors (No 2)

[2014] NSWCA 236

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Apportionment of costs among multiple defendants
4. › Whether costs should reflect revised apportionment of liability on appeal
5. › Whether modest success on apportionment sufficient to warrant costs adjustment
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Multiple appellants with differing degrees of success
5. › Whether costs of appeal should be borne in proportion to liability findings

Quick Take

Where apportionment of liability among multiple defendants is varied on appeal, costs orders both at trial and on appeal should be adjusted to reflect the revised apportionment, even where no specific challenge was made to the original costs orders. Moderate success on apportionment (here, a 5% reduction involving $75,000 and potential adjustment of 14 days of trial costs) is sufficient to warrant a costs adjustment.

Case Details

Citation[2014] NSWCA 236

CourtNSWCA

JurisdictionNew South Wales

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Relies on1

2014WB Jones Staircase & Handrail Pty Ltd v Richardson & OrsNSWCA 127

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